Some criticisms of the procedure for conducting investigations by the personal data protection supervisory authority Cover Image
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Unele critici privind procedura de desfăşurare a investigaţiilor de către autoritatea de supraveghere în domeniul protecţiei datelor cu caracter personal
Some criticisms of the procedure for conducting investigations by the personal data protection supervisory authority

Author(s): Daniela Dinu, Elena Dobre, Ionel Muntean, Alexandra Stan, Nicolae-Cristian Todoran
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: data protection; GDPR; investigation;

Summary/Abstract: The conduct of investigations in the context of the exercise of the supervisory authority's powers in the field of personal data protection is one of the important activities that should be underpinned by procedural safeguards and procedural mechanisms leading to efficiency and balance in the interaction with data controllers or their processors concerned by the conduct of such investigations. The material highlights, after an introduction to the general and specific Romanian legislative framework, some of the irregularities resulting from practice and from the analysis of the relevant regulatory framework, in particular a low level of guarantee of the fairness of the conduct of investigations, a certain inefficiency in the use of certain mechanisms, such as that of the judicial authorisation, as well as a certain precariousness of the current legislative framework when we are considering the reconciliation between the right to free expression and the protection of personal data.

  • Issue Year: 2023
  • Issue No: 02
  • Page Range: 50-61
  • Page Count: 12
  • Language: Romanian